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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 548 By: Daniels, Newhouse, David,
Bergstrom, Bullard, Jett
and Hamilton of the Senate
and
Townley of the House
[ healthcare expenses - debt to credit bureaus -
codification - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6980 of Title 36, unless there
is created a duplication in numbering, reads as follows:
A. No medical service or care entity, nor their agent, shall
report a healthcare expense debt to a credit bureau or pursue
involuntary collection activities or any other a dverse financial
action, except if the entity or agent can demonstrate that the
individual liable for the medical debt was presented with and agreed
to a good faith estimate of the total cost of all healthcare
services to be provided prior to agreeing to r eceive the services.
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1. The total cost shall include all services performed by the
medical service or care entity and its staff, as well as any
authorized services provided by a contractor, affiliate or any other
third party who provided services in the f acility, and the total
cost to be billed shall include out -of-network providers.
2. The total cost of service shall be presented to the
individual liable for the medical debt separately from all other
forms, information and paperwork. It shall be written in a readable
font, plain language and shall be prominently and conspicuously
displayed on the first page of the document in which it is
contained.
B. 1. In cases in which the patient must receive emergency
care deemed necessary by the health care provi der and the individual
liable for the medical debt is not able to receive a good faith
estimate of healthcare services before vital emergency medical
services are rendered, no medical service or health care entity
shall charge the individual liable for the medical debt who is not a
member of a health benefit plan offered by a health carrier, more
than one hundred sixty-five percent (165%) of the Medicare rate.
2. In cases in which the patient must receive emergency care as
deemed necessary by the health care provider and the individual who
is liable for the medical debt is an enrollee of a health benefit
plan offered by a health carrier, the medical service provider or
health care entity providers shall not charge more than the
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enrollee’s health benefit pla n’s in-network rate for the emergency
services rendered.
C. Failure to comply with the provisions of this act shall be
grounds for dismissal of any collection suit or garnishment
proceeding and may be asserted as an affirmative defense to any such
action.
D. For purposes of this section, “medical service or care
entity” shall include, but not be limited to, a medical care
corporation, health care corporation, hospital service association,
medical service corporation, health care maintenance organization,
not-for-profit hospital, insurer, insurance company or any other
third-party payer of medical expenses.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON STATES RIGHTS, dated 04/07/2021 -
DO PASS.